Fundamental Rights in Nepal

The Constitution of Nepal 2072 guarantees 31 fundamental rights in Part 3 (Articles 16–46). These cover civil, political, economic, social, and cultural rights — making Nepal's bill of rights one of the most comprehensive in South Asia.

Through writ petitions filed at the Supreme Court (Article 133) or High Courts (Article 144). Five types of writs are available: habeas corpus, mandamus, certiorari, prohibition, and quo warranto. Any law inconsistent with fundamental rights is void (Article 46).

Article 18 guarantees equality before law and prohibits discrimination based on origin, religion, race, caste, tribe, sex, gender, physical condition, disability, health condition, marital status, pregnancy, economic condition, language, region, ideology, or similar grounds.

Some fundamental rights may be suspended during a state of emergency (Article 273). However, certain rights are non-derogable — the right to life, dignity, and fair trial cannot be suspended even during emergency. The suspension must be ratified by Parliament.

A writ petition is a formal application to the Supreme Court or High Court seeking enforcement of fundamental rights or judicial review of government action. The five types are: habeas corpus (challenge detention), mandamus (compel action), certiorari (quash decisions), prohibition (prevent excess jurisdiction), and quo warranto (challenge officeholder).

Article 38 guarantees comprehensive women's rights: equal lineage rights, reproductive health rights, right to safe motherhood, participation in all state bodies, no physical/mental/sexual violence, and equal property rights. These connect to daughters' property rights and domestic violence protections.

Article 39 guarantees: right to name and identity, right to education and health, no child labor, no cruel treatment, no recruitment in armed forces, right to special protection from the state. These are critical in child custody cases.

Article 28 protects privacy of person, residence, property, documents, data, correspondence, and communications. This right is relevant to data privacy law, cybercrime, and confidentiality during court proceedings.

Yes. Article 25 guarantees the right to acquire, own, sell, use, and dispose of property. The state can acquire property only with compensation and in accordance with law. This right underpins real estate and property partition law.

Article 17 guarantees freedom of opinion and expression, freedom of the press, right to information, freedom to establish media, and freedom of publication and broadcasting. However, these freedoms may be restricted by law in the interest of sovereignty, public order, or morality.

Yes. Article 35 guarantees the right to basic health services free of cost from the state. Every person has the right to emergency health services. No person can be denied emergency treatment by any health institution. This connects to medical malpractice cases.

Article 24 prohibits caste-based discrimination and untouchability. No person shall be discriminated against or treated as untouchable on grounds of caste, ethnicity, origin, or occupation. Violation is a punishable criminal offence under the Caste-Based Discrimination and Untouchability Act.

The right to equality (Art 18) ensures equal treatment of spouses in divorce. Women's rights (Art 38) protect against domestic violence and guarantee equal property. Children's rights (Art 39) ensure welfare is prioritized in custody. The right to privacy (Art 28) protects personal information during proceedings.

Yes. Any person can file a writ petition at the Supreme Court challenging the constitutionality of a law. Under Article 46, any law inconsistent with fundamental rights is void to the extent of inconsistency. The Supreme Court has the power to declare such laws unconstitutional.